PHC declares NAB can’t make arrests on call-up notices

PESHAWAR: The Peshawar High Court (PHC) declared on Wednesday that the National Accountability Bureau (NAB) cannot arrest persons who turn up at its office on the call-up notices as there should be warrant from the NAB chairman or his nominated officer to arrest the accused.

A division bench comprising Chief Justice Yahya Afridi and Justice Ikramullah Khan disposed of writ petitions with the observation that NAB under the law cannot make arrests on call-up notices and if it did so then the court would take notice of this illegal act.

The court observed that NAB should avoid harassing suspects and treat the people under the law while conducting inquiry or investigation.The court disposed of the writ petitions with the directions to the petitioners to appear before the NAB Khyber Pakhtunkhwa as it cannot make arrests without warrant of arrests against them.

The court disposed of the writ petitions of Malik Sheraz and Shazia Akhtar, directors of a steel mill at Hattar.Appearing for the petitioners, Shumail Ahmad Butt submitted that NAB KP issued call-up notice to the petitioners in a case related to Rs80 million electricity dues of the Peshawar Electric Supply Company.

The lawyer said there were many cases in which the NAB arrested the persons who appeared at its offices to face an inquiry. He said the petitioners were fearful that they would be arrested. He requested the court to issue restraining orders and direct NAB to dissuade from arresting the petitioners.

Senior NAB Prosecutor Umar Farooq informed the bench that the call-up notices were being issued for inquiry and investigation.He informed the bench that if the petitioners feared arrest the court can issue the restraining order. The court observed there was no need for issuing a restraining order as NAB wasn’t authorised to arrest persons who faced an inquiry.